What is the test for determining whether a delay of more than a year is reasonable?
British Columbia, Canada
The following excerpt is from R. v. Alliston, 2000 BCPC 60 (CanLII):
As a matter of procedure the court must first determine whether the period of delay is sufficient to raise the issue of reasonableness before commencing an inquiry into the explanation for the delay. Further, this inquiry is pursuant to the accused's application under Section 24(1) of the Charter and, as a consequence, the accused bears the legal burden throughout: Regina v. Smith, 1989 CanLII 12 (SCC), [1989] 2 S.C.R. 1120 at pp. 1132-1133.
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